Misrepresentation

MISREPRESENTATION English law does non recognise the existence of a general duty to disclose information, it does however impose a duty non to make false prototype. Representation merely asserts the arbiter of a given demesne of concomitant and it is not a promise Kleinwort Benson Ltd v Malaysia Mining Corporation Berhad (1989) earn of console for £10 million loan to a underling fellowship was held not to be becomeual promised but a representation of position. A promise (terms in context of a contract) whitethorn be defined as a dictation by which the manufacturer accepts an obligation to do or not do something. Legal representation is a statement of fact which begins a party to come to a contract or other than act to his detriment. The distinction between terms and representations rests upon the spirit of the parties as objectively ascertained i.e. did the parties intend that the statement maker was devising a binding promise as to the truth of the statement . professional Moulton said the intention of the parties rat only be deduced from the core of evidence and no secondary principle of such(prenominal) kind can be universally true - Heilbut, Symons &Co. v Buckelton (1913). Misrepresentation lies on the boundary of contract, tort and restitution.

Misrepresentation may therefore be defined as unambiguous, false state of fact or fact which is addressed to the party misled to induce them to enter into a contract Esso Petroleum Esso Petroleum Co. Ltd v Mardon (1976) Expert appreciate on likely sale at a gasoline station, Commercial Bank of Sydney v R H chocolate-b rown & Co. (1972) the bank misrepresented th! e claimant customers financial stand up was held responsible for the damages. The must induced the representee to enter into a contract and the onus lies on representor to show that the representee did not in fact rely on the representation Museprime Properties limit v Adhill Properties Ltd (1991) and County Nat westmost v Baron (2004). In Edginto v Fitzmaurice (1885 Directors of a fellowship who invited the public...If you want to get a adequate essay, order it on our website: OrderCustomPaper.com

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